COPYRIGHT AND RELATED RIGHTS ACT, 2000

82A.—(1) It is not an infringement of the copyright in a computer program for a cultural heritage institution to make available, for non-commercial purposes, out-of-commerce works that are permanently in its collections, where—

• (a) no collective management organisation exists that fulfils the conditions set out in Regulation 8(1)(a) of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 in relation to that computer program right,

• (b) it is accompanied by sufficient acknowledgment, and

• (c) such work is only made available on non-commercial websites.

• (2) An owner of copyright in a computer program may exclude his or her work from the use referred to in subsection (1) at any time by notifying the relevant cultural heritage institution by electronic or other means and by including the following in the notice:

• (a) notification that the owner is asserting his or her right pursuant to this section;

• (b) sufficient details of the work to enable it to be identified and removed from public display.

• (3) Upon receipt of a written request in accordance with subsection (2), a cultural heritage institution shall terminate its use of the work or works referred to in that written request within 4 weeks of receiving it.

• (4) This section shall not apply to sets of out-of-commerce works or other subject matter if, on the basis of the reasonable effort referred to in subsection (5), there is evidence that such sets predominantly consist of —

• (a) works, other than cinematographic or audiovisual works, first published or, in the absence of publication, first broadcast in a third country,

• (b) cinematographic or audiovisual works, of which the producers have their headquarters or habitual residence in a third country, or

• (c) works of third country nationals, where after a reasonable effort no Member State or third country could be determined pursuant to paragraphs (a) and (b).

• (5) At least 6 months before the work used under subsection (1) is distributed, communicated to the public or made available to the public, cultural heritage institutions, collective management organisations and library authorities, within the meaning of section 32 of the Local Government Act 1994, shall provide the following information on the Out-of-Commerce Works Portal established by the European Union Intellectual Property Office:

• (a) the title, where possible, the author, and a brief summary of the contents of the out-of-commerce work that is proposed to be used in accordance with subsection (1);

• (b) the information about the options available to rightholders under this section;

• (c) as soon as it is available and where relevant, information on the parties to the licence, the territories covered and the uses authorised under the license.

• (6) For the purposes of subsection (1), a work can be considered to be permanently in the collections of a cultural heritage institution where it is owned or permanently held by that institution, for example as a result of a transfer of ownership or a licence agreement, legal deposit obligations or permanent custody arrangements.]

Original Database

83. Access to or use of original data- base.

83.—It is not an infringement of the copyright in an original database for a person who has the right to use the database or any part thereof, whether under a licence to undertake any of the acts restricted by the copyright in the original database or otherwise, to undertake, in the exercise of that right, anything which is necessary for the purposes of access to or use of the contents of the database or part thereof.

Typefaces

84. Use of typefaces: printing.

84.—(1) It is not an infringement of the copyright in a work which consists of the design of a typeface—

• (a) to use the typeface in the ordinary course of typing, composing text, type-setting or printing,

• (b) to possess an article for the purpose of such use, or

• (c) to do anything in relation to material produced by such use,

and this subsection applies notwithstanding that an article is used which is an infringing copy of the work.

• (2) A person infringes the copyright in a work consisting of the design of a typeface where he or she, without the licence of the copyright owner—

• (a) makes,

• (b) sells, rents or lends, or offers or exposes for sale, rental or loan, exhibits in public or distributes,

• (c) imports into the State, or

• (d) has in his or her possession, custody or control, for the purpose of sale, rental or loan, or offering or exposing for sale, rental or loan, or for exhibition in public or distribution,

an article specifically designed or adapted for producing material in the particular typeface, knowing or having reason to believe that the article has been or is to be used to make copies that infringe the copyright in the work, including copies which would not be infringing copies under subsection (1).

85. Articles for producing materi- als in particular typefaces.

85.—(1) This section applies to the copyright in a work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.

• (2) After the expiration of F77[25 years] from the end of the calendar year in which the articles referred to in subsection (1) are marketed for the first time, the work may be copied by making further such articles, or doing anything for the purpose of making such articles and anything may be done in relation to articles so made, without infringing the copyright in the work.

Works in Electronic Form

86. Transfer of copies of work in elec- tronic form.

86.—(1) This section applies where a copy of a work in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his or her use of the work.

• (2) Where there are no express terms—

• (a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or

• (b) providing for the conditions on which a transferee may undertake the acts which the purchaser was permitted to undertake,

then, any acts which the purchaser was permitted to undertake may also be undertaken by a transferee without infringement of the copyright, but any copy or adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for those purposes and for all subsequent purposes.

• (3) Subsection (2) applies where the original purchased copy is no longer usable and that which is transferred is a further copy used in its place.

• (4) This section shall apply on a second and subsequent transfer in like manner as to the first transfer to a purchaser and references to the purchaser shall be construed as references to a second or subsequent transferee.

Miscellaneous Matters Relating to Copyright

87. F78[Temporary acts of reproduc- tion.

87.—(1) It is not an infringement of the rights conferred by this Part to undertake or conduct temporary acts of reproduction which acts are transient or incidental and which are an integral and essential part of a technological process and whose sole purpose is to enable—

• (a) a transmission in a network between third parties by an intermediary, or

• (b) a lawful use, of a work or other subject-matter to be made, and which acts have no independent economic significance.

• (2) Where a copy, which would otherwise be an infringing copy, is made under this section and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.]

88. Anonymous or pseudonymous works acts permitted.

88.—(1) The copyright in a work is not infringed by an act undertaken when, or pursuant to arrangements made when—

• (a) it is not possible to ascertain the identity of the author of the work by reasonable enquiry, and

• (b) it is reasonable to assume that the copyright has expired.

• (2) Where a work is a work of joint authorship the reference in subsection (1) to the possibility of ascertaining the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors.

89. Use of notes or recordings of spoken words in certain cases.

F79[89.—(1)(a) Paragraph (b) applies where a record of spoken words (including political speeches and extracts from public lectures or similar works) is made, in writing or otherwise, for the purposes of—

• (i) reporting current events, or

• (ii) broadcasting, including in a cable programme service, or otherwise communicating to the public, the record.

• (b) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of the rights conferred by this Part—

• (i) to use the record or material taken from it for the purposes referred to in paragraph (a), or

• (ii) to copy the record or material taken from it and use the copy for the purposes referred to in paragraph (a).

• (2) The conditions referred to in subsection (1)(b) are:

• (a) that the record is a direct record of the spoken words;

• (b) that the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe the copyright in the work;

• (c) that the use made of the record or material taken from it was not prohibited by or on behalf of the speaker or copyright owner before the record was made;

• (d) that the use made of the record or material taken from it is by or with the authority of a person who is lawfully in possession of the record;

• (e) that the use made of the record or material taken from it is accompanied by a sufficient acknowledgement.

• (3) Where a record which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.]

90. Public reading or recitation of works.

90.—(1) The reading or recitation in public by one person of any reasonable extract from a literary or dramatic work which has been lawfully made available to the public, where accompanied by a sufficient acknowledgement, shall not infringe the copyright in the work.

• (2) The copyright in a work is not infringed by the making of a fixation, or the broadcasting or inclusion in a cable programme service, of a reading or recitation which by virtue of subsection (1) does not infringe the copyright in the work.

• (3) Where a copy, which would otherwise be an infringing copy, is made under this section and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

91. Abstracts of scientific or tech- nical articles.

91.—Where an article on a scientific or technical subject is lawfully made available to the public in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of the copyright in the abstract or in the article to copy the abstract or to make available to the public copies of the abstract or to include the abstract in any other work.

92. Fixations of performances of works of folklore.

92.—(1) A fixation of a performance of an anonymous work which has not been lawfully made available to the public may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the work where at the time the fixation is made—

• (a) the making of the fixation does not infringe any other copyright, and

• (b) the making of the fixation is not prohibited by any performer.

• (2) A copy of a fixation made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by the archivist without infringing the copyright in the fixation or the works included in it.

• (3) The conditions referred to in subsection (2) are—

• (a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires the copy for the purposes of F80[education, research] or private study and he or she will not use it for any other purpose, and

• (b) that a person shall not be furnished with more than one copy of the same fixation.

• (4) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

93. Representation of certain artistic works on public display.

93.—(1) This section applies to the copyright in—

• (a) buildings, and

• (b) sculptures, models for buildings and works of artistic craftsmanship, where permanently situated in a public place or in premises open to the public.

• (2) The copyright in a work to which this section applies is not infringed by—

• (a) making a painting, drawing, diagram, map, chart, plan, engraving, etching, lithograph, woodcut, print or similar thing representing it,

• (b) making a photograph or film of it, or

• (c) broadcasting or including in a cable programme service, an image of it.

• (3) The copyright in a work to which this section applies is not infringed by the making available to the public of copies of anything the making of which is not, by virtue of this section, an infringement of the copyright in the work.

94. Advertising sale of artistic work.

94.—F81[(1) It is not an infringement of the copyright in an artistic work to copy it, or to make available to the public copies of it, for the purpose of advertising the sale or public exhibition of the work if the copying is done, and the copies are used—

• (a) only to an extent reasonably justified for achieving that purpose, and

• (b) for no other commercial purpose.]

• (2) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

95. Making of subsequent works by same artist.

95.—Where the author of an artistic work is not the copyright owner, it is not an infringement of the copyright in the work to copy the work in making another artistic work, where the author does not repeat or imitate the main design of the earlier work.

96. Reconstruction of buildings.

96.—Where anything is done for the purposes of reconstructing a building it is not an infringement of the copyright in the building or in any drawings or plans in accordance with which the building was constructed by or with the licence of the copyright owner.

97. Playing or show- ing of sound recordings, broadcasts and cable programmes in certain premises.

97.—(1) Subject to subsection (2), it is not an infringement of the copyright in a sound recording, broadcast or cable programme to cause a sound recording, broadcast or cable programme to be heard or viewed where it is heard or viewed—

• (a) in part of the premises where sleeping accommodation is provided for the residents or inmates, and

• (b) as part of the amenities provided exclusively or mainly for residents or inmates.

• (2) Subsection (1) does not apply in respect of any part of premises to which subsection (1) applies where there is a discrete charge made for admission to the part of the premises where a sound recording, broadcast or cable programme is to be heard or viewed.

98. Playing of sound recordings for clubs, societies, etc.

98.—(1) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of the copyright in a sound recording to play it as part of the private activities of or for the benefit of a club, society or other organisation.

• (2) The conditions referred to in subsection (1) are—

• (a) that the club, society or other organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and

• (b) that the proceeds of any charge for admission to the place where the sound recording is to be heard are applied solely for the purposes of the club, society or other organisation.

• (3) Subsection (1) shall not apply in the case of any club, society or other organ-isation where a charge is made for admission to the place where the sound recording is heard and any of the proceeds of the charge are applied otherwise than for the purposes of the club, society or other organisation.

99. Copying for purpose of broadcast or cable programme.

99.—(1) Where, by virtue of a licence or assignment of copyright, a person is authorised to broadcast or include in a cable programme service a work or an adaptation of a work, he or she shall be deemed to be licensed by the owner of the copyright in the work to copy or authorise the copying of that work by means of his or her own facilities for the purposes of his or her own broadcast or cable programme.

• (2) It shall be a condition of a licence conferred by virtue of subsection (1) that any copy resulting from the exercise of rights granted by the licence shall not be used for any purpose other than the broadcast or cable programme and shall be destroyed within 3 months of first being used for broadcasting or included in a cable programme service.

• (3) A copy of a work made under this section shall be treated as an infringing copy where it is used for purposes other than broadcasting or inclusion in a cable programme service or where it is used after the expiration of 3 months from the date on which it is first used for broadcasting or included in a cable programme service.

• F82[(4) Where, by virtue of subsection (1), a person (in this subsection referred to as "the licensee") is deemed to be licensed by the owner of the copyright in a work to copy or authorise the copying of that work by means of his or her own facilities, such facilities shall include those of a person acting on behalf of and under the responsibility of the licensee.]

100. Recording for purposes of supervision and control of broad- casts and cable programmes.

100.—(1) The copyright in a work is not infringed by the making or use by an authorised broadcaster or authorised cable programme service provider, for the purpose of maintaining supervision and control over programmes broadcast by them or included by them in a cable programme service, of fixations of those programmes.

• (2) The copyright in a work is not infringed by any use made by a body established by the State to regulate the operations of broadcasters or cable programme service providers of any fixations of broadcasts or cable programmes.

101. Recording for purposes of time- shifting.

101.—(1) The making for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe the copyright in the broadcast or cable programme or in any work included in such a broadcast or cable programme.

• (2) Subject to subsection (3), the making by an establishment for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe the copyright in the broadcast or cable programme or in any work included in such a broadcast or cable programme.

• (3) The Minister may specify by order establishments for the purposes of this section.

• (4) Where a fixation which would otherwise be an infringing copy is made under this section and is subsequently sold, rented or (otherwise than to a person's family member or friend for private and domestic purposes) lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

102. Photographs of television broad- casts or cable programmes.

102.—The making for private and domestic use of a photograph of the whole or any part of an image forming part of a television broadcast or cable programme, or of a copy of such a photograph, shall not infringe the copyright in the broadcast or cable programme or in any film included in it.

103. Reception and retransmission of broadcasts in cable programmes services.

103.—F83[...]

103A. F84[Definitions - sections 103A to 104B

103A.—In this section and sections 104 to 104B—

"designated body" means a designated body as defined in section 104(3);

"relevant work" means a work—

• (a) which is not accessible to a person with a disability because of that disability, and

• (b) in respect of which a copy can be made and that copy then modified so that the modified copy of the work is accessible to that person.]

103AA. F85[Transmission of programmes by direct injec- tion

103AA.—(1) This section applies when a broadcasting organisation transmits by direct injection its programme-carrying signals to a network operator where—

• (a) the broadcasting organisation does not make the broadcast, and

• (b) the network operator makes the broadcast.

• (2) Subject to subsection (3), the broadcasting organisation and the network operator referred to in subsection (1) shall be deemed to be participating in a single act of communication to the public and the parties shall only undertake that communication with the authorisation of the rightholder.

• (3) If an authorisation concerning a transmission by direct injection, to which this section would apply, is in force on 7 June 2021, this section shall not apply to that authorisation until 7 June 2025.

• (4) In this section—

"direct injection" means a technical process by which a broadcasting organisation transmits its programme-carrying signals in such a way that the programme-carrying signals are not accessible to the public during that transmission;

"network operator" means the operator of an electronic communications network (within the meaning of the Communications Regulation Act 2002).]

104. Provision of modified works.

104.—F86[(1) Subject to subsection (1A) and section 104A(1), a designated body may do any of the following in respect of a relevant work without infringing the copyright in that work:

• (a) make, or cause to be made, a copy of the work for the purpose of modifying the copy;

• (b) supply the modified copy of the work to a person with a disability;

• (c) supply the modified copy of the work to another designated body;

• (d) receive a modified copy of the work from—

• (i) another designated body, or

• (ii) a person with a disability;

• (e) supply the modified copy of the work that it has received under paragraph (d) to—

• (i) a person with a disability, or

• (ii) another designated body.

• (1A) Subsection (1) shall not apply unless the modified copy concerned of the relevant work—

• (a) bears or otherwise incorporates an express statement to the effect that the copy has been made under this section, and

• (b) is accompanied by a sufficient acknowledgement.

• (1B)
• (a) Subject to section 104A(1), a use to which paragraph (b) applies may be made of a relevant work by a person with a disability without infringing the copyright in that work provided that the use is for the benefit of the person, is directly related to the disability, is for a non-commercial purpose and is made only to the extent required by the nature of the disability.

• (b) A use to which this paragraph applies is any of the following:

• (i) make, or cause to be made, a copy of the relevant work for the purpose of modifying the copy;

• (ii) access a modified copy of the work which has been modified pursuant to subparagraph (i) or supplied pursuant to subsection (1);

• (iii) supply such modified copy to a designated body.]

• (2) Where a copy which would otherwise be an infringing copy is made under this section, but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

• (3) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

104A. F87[Circum- stances in which section 104 shall not apply

104A.—(1) Section 104 shall not apply to a relevant work where—

• (a) there is a licensing scheme certified under section 173 that is applicable to section 104 in so far as that work is concerned, and

• (b) the designated body or person with a disability making, or causing to be made, a modified copy of that work knew or ought to have been aware of the existence of the licensing scheme.

• (2) Any terms of a licence granted on foot of the licensing scheme referred to in subsection (1) that purports to restrict the obligation imposed under section 104B(1) on the publisher of that work shall be unenforceable.]

104B. F88[Electronic form of relevant work

104B.—(1) Subject to subsection (3), the publisher of a relevant work first published in the State on or after the commencement of section 27 of the Copyright and Other Intellectual Property Law Provisions Act 2019 shall make or cause to be made at least one electronic form of the work which complies with the requirements of subsection (2) unless the publisher already has, in the publisher’s possession, custody or control, at least one electronic form of the work which complies with those requirements.

• (2) The electronic form of the relevant work shall enable copies of the work to be made—

• (a) without undue difficulty,

• (b) which are easily navigated, and

• (c) which are capable of being modified.

• (3) A designated body may make a relevant request of the publisher of a relevant work to which subsection (1) applies to deliver, within one month of the publisher’s receipt of the request, the relevant material in respect of the work, and the publisher shall, subject to subsection (4), comply with that request.

• (4) The publisher of a relevant work who is the subject of a relevant request may, by notice in writing given to the designated body which made the request, decline to comply with the request until the publisher receives a payment to cover the reasonable costs of the publisher that would be incurred in complying with the request.

• (5) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (6) In this section—

"relevant request" means a request in writing that the publisher deliver, in the manner specified in the request, the relevant material—

• (a) in such digital or electronic or other technological form specified in the request and to the address (which may be an electronic address) specified in the request, or

• (b) by permitting the designated body to access the relevant material;

"relevant material" means the electronic form of a relevant work and any other material required to ensure that such electronic form complies with subsection (2).]

105. Recording for archival purposes.

105.—(1) A fixation of a broadcast or a cable programme of a designated class or a copy of such a fixation may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the broadcast or cable programme or in any work included therein.

• (2) In this section—

“designated body” means a body designated for the purposes of this section by order of the Minister;

“designated class” means a class designated for the purposes of this section by order of the Minister.

• (3) The Minister shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

106. Adaptation of a work.

106.—It is not an infringement of the copyright in a work to make an adaptation of the work by any act which may otherwise be done without infringing the copyright in a work under this Chapter.

Chapter 7 Copyright: Moral Rights

107. Paternity right.

107.—(1) Subject to the exceptions specified in section 108, the author of a work shall have the right to be identified as the author and that right shall also apply in relation to an adaptation of the work.

• (2) Where an author uses a pseudonym, initials or other form of identification, that form shall be used to identify his or her work.

• (3) The right conferred by this section shall be known and in this Part referred to as the “paternity right”.

108. Exceptions to paternity right.

108.—(1) The paternity right is not infringed by anything done under section 52, 53(5), 71, 72 or 88.

• (2) The paternity right shall not apply to anything done by or with the authority of the copyright owner where the copyright in the work originally vested in an employer under section 23.

• (3) The paternity right shall not apply in relation to a work made for the purpose of reporting current events.

• (4) The paternity right shall not apply to a work made for the purposes of—

• (a) a newspaper or periodical, or

• (b) an encyclopaedia, dictionary, yearbook or other collective work of reference,

or in relation to a work made available to the public with the licence of the author for those purposes.

• (5) The paternity right shall not apply in relation to a work—

• (a) in which Government or Oireachtas copyright subsists, or

• (b) in which the copyright originally vested in a prescribed international organ-isation,

unless the author has previously been identified as the author in or on copies of the work which have been lawfully made available to the public.

109. Integrity right.

109.—(1) Subject to the exceptions and qualifications specified in sections 110 and 111, the author of a work shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would prejudice his or her reputation and that right shall also apply in relation to an adaptation of the work.

• (2) The right conferred by this section applies to any addition to, deletion from or alteration to or adaptation of parts of a work resulting from any previous addition to, deletion from or alteration to or adaptation of a work or parts of a work by a person other than the author, where those parts are attributed to, or are likely to be regarded as the work of, the author.

• (3) The right conferred by this section shall be known and in this Part referred to as the “integrity right”.

110. Exceptions to integrity right.

110.—(1) Subject to subsections (2) and (3), the integrity right shall not apply to—

• (a) a work made for the purpose of reporting current events;

• (b) a work made for the purposes of—

• (i) a newspaper or periodical, or

• (ii) an encyclopaedia, dictionary, yearbook or other collective work of reference,

or to a work made available to the public with the licence of the author for such purposes; or

• (c) a subsequent use of a work referred to in paragraph (b) without any modi-fication of the version made available to the public under that paragraph.

• (2) Subject to subsection (3), the integrity right is not infringed—

• (a) by an act which under section 51 or 88 would not infringe the copyright in a work, or

• (b) by anything done for the purposes of—

• (i) avoiding any contravention of civil or criminal law,

• (ii) complying with a duty imposed by or under an enactment, or

• (iii) in the case of authorised broadcasters or authorised cable programme service providers, avoiding the inclusion in a programme which is

broadcast or included in a cable programme service by those broadcasters or providers, of anything which is likely to offend public morality or which is likely to encourage or incite to crime or to lead to public disorder.

• (3) Subsection (2)(b) shall not apply unless the author is identified at the time of the act concerned or has previously been identified in or on copies of the work which have been lawfully made available to the public and there is a sufficient disclaimer.

• (4) In this Part “sufficient disclaimer”, in relation to an act capable of infringing the integrity right, means a clear and reasonably prominent indication given at the time of the act, or where the author is then identified, appearing with the identi-fication, that the work has been subjected to an action which the author has not licensed.

111. Qualification of integrity right in certain cases.

111.—(1) The integrity right shall be qualified in the manner specified in subsection (2) in respect of—

• (a) works in which copyright originally vested in the author's employer under section 23,

• (b) works in which Government or Oireachtas copyright subsists, and

• (c) works in which copyright originally vested in a prescribed international organisation.

• (2) The integrity right shall not apply to anything done in relation to works referred to in subsection (1) by or with the licence of the copyright owner unless the author—

• (a) is identified at the time of the act concerned, or

• (b) has previously been identified in or on copies of the work which have been lawfully made available to the public,

and where, in such a case, the integrity right applies, that right shall not be infringed where there is a sufficient disclaimer.

112. Secondary infringement of integrity right: possessing or dealing.

112.—A person infringes the integrity right where he or she—

• (a) sells, rents or lends, or offers or exposes for sale, rental or loan,

• (b) imports into the State, otherwise than for his or her private and domestic use,

• (c) in the course of a business, trade or profession, has in his or her possession, custody or control, or

• (d) makes available to the public,

a work or a copy of a work or an adaptation thereof which has, and which he or she knows or has reason to believe has, been subjected to any distortion, mutilation or other modification or other derogatory action within the meaning of section 109.

113. False attribution of work.

113.—(1) A person has the right not to have a work falsely attributed to him or her as author.

• (2) The right conferred by subsection (1) is infringed by a person where he or she—

• (a) sells, rents or lends, or offers or exposes for sale, rental or loan,

• (b) imports into the State, otherwise than for his or her private and domestic use,

• (c) in the course of a business, trade or profession, has in his or her possession, custody or control, or

• (d) makes available to the public,

a work, or a copy of a work, in or on which there is a false attribution, knowing or having reason to believe that the attribution is false.

• (3) The right conferred by subsection (1) is infringed by a person where he or she—

• (a) sells, rents or lends, or offers or exposes for sale, rental or loan,

• (b) imports into the State, otherwise than for his or her private and domestic use,

• (c) in the course of a business, trade or profession, has in his or her possession, custody or control, or

• (d) makes available to the public,

a work which has been altered as being the unaltered work of the author, or a copy of such a work as being a copy of the unaltered work of the author, knowing or having reason to believe that the work or the copy of the work has been altered.

• (4) This section applies where a work is falsely represented as being an adaptation of the work of a person in the same manner as it applies where a work is so represented as being the work of a person.

• (5) In this Part “attribution”, in relation to a work, means a statement, express or implied, as to who is the author of the work.

114. Right to privacy in photographs and films.

114.—(1) Subject to the exceptions specified in subsection (3), a person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have the work or copies of the work made available to the public.

• (2) Subject to subsection (3), the act of making available to the public, or authorising the making available to the public, of a work or copies of a work referred to in subsection (1) without the authority of the person who commissions the work infringes the right conferred by subsection (1).

• (3) The right conferred by subsection (1) shall not be infringed by an act which under section 52, 71, 72, 76 or 88 would not infringe the copyright in the work.

115. Duration of moral rights.

115.—(1) The paternity right, the integrity right and the right conferred by section 114 to privacy in photographs and films shall subsist for the same period of time as the copyright in the work subsists.

• (2) The right conferred by section 113 in relation to a false attribution of a work shall subsist for 20 years after the death of the person on whom the right is conferred.

116. Waiver of rights.

116.—(1) Subject to subsection (3), any of the rights conferred by this Chapter may be waived.

• (2) A waiver made under this section shall be in writing and signed by the person waiving the right concerned.

• (3) A waiver made under subsection (1)—

• (a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and

• (b) may be conditional or unconditional, and may be expressed to be subject to revocation,

and where a waiver is made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, that waiver shall be presumed to extend to his or her licensees, successors in title or other persons claiming under them unless a contrary intention is expressed.

• (4) Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights referred to in subsection (1).

• (5) It shall not be an infringement of any of the rights conferred by this Chapter for a person to undertake any act where the person entitled to the right conferred by this Chapter has consented to the use of those rights by that other person.

117. Application of certain provisions to works of joint authorship and joint ownership.

117.—(1) The paternity right or the integrity right is, in the case of a work of joint authorship, a right of each joint author.

• (2) A waiver made under section 116 of the paternity right or the integrity right by one joint author shall not affect the rights of the other joint authors.

• (3) The right conferred by section 113 in relation to false attribution is infringed by—

• (a) any false statement as to the authorship of a work of joint authorship, or

• (b) the false attribution of joint authorship in relation to a work of sole authorship,

and such a false attribution infringes the right of every person to whom authorship of any description is attributed.

• (4) The right conferred by section 114 to privacy in photographs and films is, in the case of a work made pursuant to a joint commission, the right of each person who commissioned the making of the work and where a waiver is made by one of them under section 116 that waiver shall not affect the rights of the other persons.

118. Moral rights not assignable or alienable.

118.—The rights conferred by Chapter 7 shall be incapable of assignment or alienation.

119. Transmission of moral rights on death.

119.—(1) On the death of a person entitled to the paternity right, the integrity right, or the right conferred by section 114 to privacy in photographs and films—

• (a) the right passes by testamentary disposition to such person as the person entitled to the right may direct,

• (b) where there is no direction as to whom the right passes but the copyright in the work concerned forms part of an estate, the right passes to the person to whom the copyright passes, and

• (c) where the right does not pass under paragraph (a) or (b), it is exercisable by the personal representatives of the person entitled to the right.

• (2) Where copyright forming part of an estate passes in part to one person and in part to another, so as to apply—

• (a) to one or more, but not all, of the acts the copyright owner has the right to undertake or authorise, or

• (b) to part, but not the whole, of the period for which the copyright is to subsist,

any right which passes with the copyright by virtue of subsection (1) is divided accordingly.

• (3) Where, under subsection (1), a right becomes exercisable by more than one person—

• (a) it may, in the case of the paternity right, be exercised by any of them,

• (b) it is, in the case of the integrity right or the right to privacy in photographs and films conferred by section 114, a right exercisable by each of them, and

• (c) any waiver of the right under section 116 made by one of them shall not affect the rights of the other persons.

• (4) A consent or waiver binds any person to whom a right passes under subsection (1).

• (5) Any infringement of the right conferred by section 113 in relation to a false attribution of a work after the death of a person is actionable by the personal representatives of that person.

• (6) Any damages recovered by personal representatives under this section in respect of an infringement after a person's death shall devolve as part of the person's estate as if the right of action had subsisted and been vested in that person immediately before his or her death.

Chapter 8 Dealings with Rights in Copyright Works

120. Assignment and licences.

120.—(1) The copyright in a work is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.

• (2) A transmission of the copyright in a work by assignment, by testamentary disposition or by operation of law may be partial, so as to apply—

• (a) to one or more but not all of the acts the copyright owner has the right to undertake or authorise, and

• (b) to part but not the whole of the period for which the copyright in the work is to subsist.

• (3) An assignment of the copyright in a work, whether in whole or in part, is not effective unless it is in writing and signed by or on behalf of the assignor.

• (4) A licence granted by a copyright owner is binding on every successor in title to his or her interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly.

• (5) A licence granted by a prospective owner of copyright is binding on every successor in title to his or her interest (or prospective interest) in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly.

121. Prospective ownership of copyright.

121.—(1) Where, by an agreement made in relation to future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright, whether in whole or in part, to another person, then, where, on the copyright coming into existence, the assignee or his or her successor in title, or another person claiming under him or her, would be entitled as against all other persons to require the copyright to be vested in him or her, the copyright shall vest in the assignee or his or her successor in title under this section or any other person claiming under him or her.

• (2) Where, at the time when any copyright comes into existence, the person who, if he or she were then living, would be entitled to the copyright is dead, the copy-right shall devolve as if it had subsisted immediately before his or her death and he or she had then been the owner of the copyright.

• (3) The rights of an assignee to future copyright shall not be prejudiced by the fact that an agreement referred to in subsection (1) was made before the commencement of this section.

• (4) In this Part—

“future copyright” means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event;

“prospective owner” includes a person who is prospectively entitled to copyright by virtue of an agreement made in relation to future copyright.

122. Exclusive licences.

122.—(1) In this Part, an “exclusive licence” means a licence in writing which is signed by or on behalf of an owner or prospective owner of the copyright which authorises the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner and references to an exclusive licensee shall be construed accordingly.

• (2) An exclusive licensee has the same rights against a successor in title who is bound by the licence as he or she has against the person granting the licence.

123. Copyright to pass under will with certain original fixations.

123.—Where, under a bequest (whether specific or general), a person is entitled, beneficially or otherwise, to any material thing containing an original fixation of a work which has not been made available to the public before the death of the testator, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death, unless a contrary intention is indicated in the will of the testator or in a codicil to that will.

124. Presumption of transfer of rental right in case of film production agreement.

124.—(1) Without prejudice to the right of an author to receive equitable remu-neration in respect of a rental right, where an agreement concerning film production is concluded between an author or a prospective author of a copyright work and a film producer, the author or prospective author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the work of the author in the film.

• (2) Where a presumption of transfer of the rental right arises by virtue of subsection (1), the absence of a signature by or on behalf of the author shall not restrict the operation of section 120 or 121.

• (3) The reference in subsection (1) to an agreement concluded between an author or a prospective author and a film producer includes any agreement whether made by them directly or through intermediaries.

• (4) The right to equitable remuneration on the transfer of the rental right applies where there is a presumed transfer under this section as in the case of an actual transfer.

125. Right to equitable remuneration where rental right transferred.

125.—(1) Without prejudice to the generality of section 124, where an author has transferred his or her rental right he or she retains the right to equitable remuner-ation for the rental.

• (2) The right to equitable remuneration conferred by this section shall not be waived by the author and the author shall not assign the right to equitable remu-neration except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf.

• (3) The right to equitable remuneration is transmissible by way of testamentary disposition or by operation of law, as personal or moveable property and it may be further transmitted, including by assignment, by any person who legally acquires the right.

• (4) Equitable remuneration under this section is payable by the person to whom the rental right is transferred or any successor in title.

• (5) Subject to section 126, the amount payable by way of equitable remuneration is that which has been agreed by or on behalf of the persons by and to whom it is payable.

• (6) An agreement is void in so far as it purports to exclude or restrict the right to equitable remuneration conferred by this section.

• (7) References in this Part to the transfer of the rental right by one person to another include any arrangement having that effect whether made by them directly or through intermediaries.

• (8) In this section, “collecting society” means a society or other organisation which has as one of its main objects the exercise of the right to collect equitable remu-neration under this section on behalf of more than one author.

126. Equitable remu- neration: refer- ence of determin- ation of amount to Controller.

126.—(1) In default of agreement as to the amount of equitable remuneration payable under section 125, the person by or to whom it is payable may apply to the Controller for an order under subsection (4).

• (2) Subject to subsection (3), a person by or to whom equitable remuneration is payable under section 125 may also apply to the Controller—

• (a) to vary any agreement as to the amount payable, or

• (b) to vary any previous determination of the Controller as to the amount payable.

• (3) An application may not be made under subsection (2) within 12 months from the date of the previous determination except with the special leave of the Controller.

• (4) On an application being made under this section the Controller shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as he or she may determine to be reasonable in the circumstances, having regard to the importance of the contribution of the author.

• (5) An order made under subsection (4) shall have effect from the date on which it is made or such later date as may be specified by the Controller.

• (6) Remuneration shall not be considered inequitable because it is paid by way of a single payment or at the time of transfer of the rental right.

• (7) An agreement is void in so far as it purports to prevent a person challenging the amount of equitable remuneration or to restrict the powers of the Controller conferred by this section.

Chapter 9 Remedies: Copyright Owner

127. Infringement actionable by copyright owner.

127.—(1) An infringement of the copyright in a work is actionable by the copyright owner.

• (2) In an action for infringement of the copyright in a work under this section, all relief by way of damages, injunction, account of profits or otherwise is available to the plaintiff as it is available in respect of the infringement of any other property right.

• (3) Subject to section 139, where in an action for infringement of the copyright in a work the defendant does not admit that the plaintiff is the owner of the copyright the court may direct that evidence in relation to ownership of the copyright be given on affidavit and the court may decide the issue having considered any affidavit presented to it unless it is satisfied that any conflict of evidence between the affidavits may not be resolved other than by hearing oral testimony in which case the court may order that oral evidence may be adduced.

• (4) Hearsay evidence may be accepted for the purposes of any hearing under subsection (3).

128. Award of damages in infringement action.

128.—(1) The court may, in an action for infringement of copyright award such damages as, having regard to all the circumstances of the case, it considers just.

• (2) Without prejudice to any other remedy, where, in an action for infringement of the copyright in a work, it is shown that at the time of the infringement the defendant did not know and had no reason to believe that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against the defendant.

• (3) In exercising its powers under subsection (1) in addition to or as an alternative to compensating the plaintiff for financial loss, the court may award aggravated or exemplary damages or both aggravated and exemplary damages.

129. Action in respect of construction of building.

129.—In an action for infringement of the copyright in respect of the construction of a building no injunction or other order shall be made—

• (a) after the construction of the building has begun, so as to prevent it from being completed, or

• (b) so as to require the building, in so far as it has been constructed, to be demolished.

130. Undertakings concerning licences of right.

130.—(1) Where, in proceedings for infringement of the copyright in a work in respect of which a licence is available as of right, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Controller—

• (a) no injunction shall be granted against the defendant,

• (b) no order for delivery up shall be made under section 131, and

• (c) the amount recoverable against the defendant by way of damages or on an account of profits shall not exceed three times the amount which would have been payable by the defendant as licensee where a licence on those terms had been granted before the earliest infringement.

• (2) An undertaking under subsection (1) may be given at any time before the final order in the proceedings without any admission of liability.

• (3) Nothing in this section shall affect the remedies available in respect of an infringement committed before a licence was available as of right.

131. Order for delivery up.

131.—(1) Where a person—

• (a) in the course of a business, trade or profession, has in his or her possession, custody or control an infringing copy of a work,

• (b) has in his or her possession, custody or control an article specifically designed or adapted for making copies of a copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies, or

• (c) has in his or her possession, custody or control a protection-defeating device,

the owner of the copyright in the work may apply to the appropriate court for an order that the infringing copy, article or device be delivered up to him or her or to such other person as the court may direct.

• (2) An application under subsection (1) shall not be made after the expiration of the period specified in section 144(1) as being the limit of the period for delivery up and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order as to the disposal of the infringing copy, article or device.

• (3) A person to whom an infringing copy, article or device is delivered up pursuant to an order made under this section shall, where an order under section 145 as to the disposal of the infringing copy, article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section.

132. Application to District Court for seizure of infringing copies, articles or devices.

132.—(1) Without prejudice to section 133, where the owner of the copyright in a work applies to the District Court, it may, where satisfied that there are reasonable grounds for believing that there are being hawked, carried about or marketed—

• (a) infringing copies of the work,

• (b) articles specifically designed or adapted for making copies of a work, knowing or having reason to believe that it has been or is to be used for making infringing copies of a work, or

• (c) protection-defeating devices,

authorise by order a member of the Garda Síochána to seize without warrant the copies, articles or devices and to bring them before the District Court.

• (2) On being satisfied that any copy, article or device referred to in subsection (1) is—

• (a) an infringing copy,

• (b) articles specifically designed or adapted for making copies of a work, which the person hawking, carrying about or marketing those articles, knows or has reason to believe that they have been or are to be used to make infringing copies of a work, or

• (c) a protection-defeating device,

the District Court may order the copy, article or device to be destroyed or to be delivered up to the owner of the copyright or otherwise dealt with as the Court may think fit.

• (3) In an application to the District Court under subsection (1) or, in any ex parte application or interlocutory motion to a court of competent jurisdiction for an order which would permit the applicant to enter and search premises or place specified therein and take possession of material found therein on terms set out in such order, the court hearing such an application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.

• (4) A witness or deponent shall not be obliged to indicate the source of the information upon which that witness formed the belief that material may be found in a particular location.

• (5) After the implementation of an order made under this section, the court may, on the application of a person aggrieved by it, award damages against the applicant for the order as it considers just, on being satisfied that—

• (a) no infringement of copyright has been established, and

• (b) the information on which the copyright owner applied for the order was given maliciously.

133. Right of copyright owner to seize infringing copies, articles or devices, etc.

133.—(1) Where it would be impracticable for the owner of the copyright in a work to apply to the District Court for an order under section 132, a copy, article or device referred to in section 132(1) in respect of which the copyright owner would be entitled to apply for an order for delivery up under section 131, may be seized and detained by the copyright owner or a designated representative thereof where the copy, article or device is found being hawked, carried about or marketed.

• (2) The right to seize and detain conferred by subsection (1) is exercisable, subject to subsections (4) to (8) of this section, and is subject to any decision of the court relating to disposal of infringing copies, articles or devices under section 145.

• (3) A person who seizes any infringing copies, articles or devices under this section shall apply to the District Court for an order to dispose of those copies, articles or devices within 30 days of the seizure.

• (4) Before any infringing copies, articles or devices are seized under this section notice of the time and place of the proposed seizure shall be given to a member of the Garda Síochána in the District Court Area in which the copies, articles or devices are to be seized.

• (5) A person exercising the right to seize and detain conferred by subsection (1) may enter premises to which members of the public have access.

• (6) A person exercising the right to seize and detain conferred by subsection (1) may not seize anything in the possession, custody or control of a person at his or her permanent or regular place of business, trade or profession, and may not use any force.

• (7) Without prejudice to the generality of subsection (6), a person exercising the right to seize and detain conferred by subsection (1) may make an inventory or prepare other evidence of infringement of copyright or potential infringement of copyright.

• (8) At the time when any infringing copies, articles or devices are seized under this section there shall be given to the owner, occupier or person in charge of the place where the copies, articles or devices are seized a notice, in the prescribed form, informing the person of the right of the owner of the copies, articles or devices being seized to apply to the District Court for the return of the copies, articles or devices on the grounds that they are not—

• (a) infringing copies of a work,

• (b) articles that have been or are to be used to make infringing copies, or

• (c) protection-defeating devices.

• (9) Without prejudice to the generality of subsection (8), the Minister shall prescribe the form of the notice to be given under that subsection and the form shall specify—

• (a) the name and the address of the person claiming to be the owner of the copyright in the work concerned,

• (b) the statutory authority for the seizure,

• (c) the grounds that the person seizing the copies, articles or devices has for such seizure, and

• (d) a list of that which is seized.

• (10) The owner of any copies, articles or devices seized under this section may apply to the District Court for the return of those copies, articles or devices.

• (11) Rules of court shall be made under this section and the rules shall provide for procedures to enable applications to be made and dealt with in an expeditious manner.

• (12) Where there has been an exercise of the right to seize and detain, conferred by subsection (1), the court may, on the application of a person aggrieved by it, award damages against a person who exercises that right as it considers just, on being satisfied that—

• (a) no infringement of copyright has been established, and

• (b) the person had no reasonable grounds for such seizure.

134. Rights of owner of copyright in respect of infringing copy.

134.—(1) Subject to the provisions of this Act, the owner of any copyright shall be entitled to all such rights and remedies, in respect of the conversion or detention by any person of—

• (a) infringing copies of a work,

• (b) articles that have been or are to be used to make infringing copies, or

• (c) protection-defeating devices,

as he or she would be entitled to if he or she were the owner of every such copy, article or device and had been the owner thereof since the time when it was made.

• (2) Where by virtue of section 12(2) (which relates to successive conversions or detentions) of the Statute of Limitations, 1957, the title of the owner of the copy-right to such a copy, article or device referred to in subsection (1) of this section would (if he or she had been the owner of the copy, article or device) have been extinguished on the expiration of the period referred to in the said subsection (2), he or she shall not be entitled to any rights or remedies under subsection (1) of this section in respect of anything done in relation to that copy, article or device after the expiration of that period.

• (3) In awarding damages for conversion, the court shall take into account all the circumstances of the case and shall award such sum as it considers just.

Chapter 10 Rights and Remedies: Exclusive Licensee

135. Rights and remedies of exclusive licensee.

135.—(1) An exclusive licensee has, except as against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.

• (2) The rights and remedies of an exclusive licensee are concurrent with those of the copyright owner and references in sections 127 to 134 to the copyright owner shall be construed accordingly.

• (3) In proceedings brought by an exclusive licensee under this section a defendant may avail of any defence which would have been available to the defendant if the action had been brought by the copyright owner.

136. Exercise of concurrent rights.

136.—(1) Where an action for infringement of the copyright in a work brought by the copyright owner or an exclusive licensee relates, whether in whole or in part, to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee, may not, without the leave of the appropriate court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.

• (2) A copyright owner or exclusive licensee who is added as a defendant under subsection (1) shall not be liable for any costs in an action unless he or she takes part in the proceedings.

• (3) Nothing in this section shall affect the granting of interlocutory relief on an application by the copyright owner or exclusive licensee.

• (4) Where an action for infringement of copyright is brought which relates, whether in whole or in part, to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action, then, the following shall apply—

• (a) in assessing damages the appropriate court shall have regard to—

• (i) the terms of the licence, and

• (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;

• (b) no account of profits shall be directed where an award of damages has been made, or an account of profits has been directed, in favour of one of them in respect of the infringement;

• (c) the appropriate court shall, where an account of profits is directed, apportion the profits between them as the court thinks fit, subject to any agreement between the copyright owner and the exclusive licensee.

• (5) Subsection (4) shall apply whether or not the copyright owner and the exclusive licensee are both parties to the action.

• (6) Before—

• (a) applying for an order for delivery up under section 131,

• (b) applying for an order to seize infringing copies, articles or devices under section 132, or

• (c) exercising the right to seize and detain conferred by section 133,

the copyright owner shall notify any exclusive licensee having concurrent rights and the court may, on the application of the licensee, make such order for delivery up, seizure of infringing copies, articles or devices or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right of seizure and detention as it thinks fit, having regard to the terms of the licence between the copyright owner and the exclusive licensee.

Chapter 11 Remedies: Moral Rights

137. Remedies for infringement of moral rights.

137.—(1) An infringement of a right conferred by section 107, 109, 113 or 114 is actionable as a breach of statutory duty owed to the person entitled to the right concerned.